[HISTORY: Adopted by the Board of Trustees of the Village
of Greenwood Lake 9-20-1973 by L.L. No. 8-1973. Amendments noted where
applicable.]
Unless otherwise stated, the following words and expressions,
where used in this chapter, shall have meanings as follows:
A natural person of either sex, a corporation, partnerships,
associations, joint-stock companies, societies and other entities
capable of being sued.
Any cart, basket, container or other device made of wire,
metal or other material, mounted on wheels, manually operated and
used generally for the conveyance of goods, wares, merchandise or
other property.
A street, avenue, road, alley, public passageway, lane, highway,
concourse, driveway, culvert, crosswalk and sidewalk, and every class
of road, square and municipal or private parking field used by the
general public.
A.Â
Unlawful acts.
(1)Â
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left unattended any shopping cart, cart
or wagon, either owned by such person or in such person's possession,
custody or control, upon any street, sidewalk, parking field, public
park or public place or upon the property of another without the consent
of the owner of such property.
(2)Â
It shall be unlawful for any person, his agent or employee to take
or remove or to suffer or permit to be taken or removed any shopping
cart, cart or wagon beyond the immediate parking lot or area of the
store, shop or shopping center wherein such stores or shops are located
without the express permission of the owners of said shopping carts,
carts or wagons.
B.Â
Violations.
(1)Â
It shall be deemed a violation of this chapter when any shopping
cart, cart or wagon is left unattended or remains upon any street,
parking field, public park or public place or upon the property of
another without the consent of the owner of such property.
(2)Â
It shall be deemed a violation of this chapter when any shopping
cart, cart or wagon is taken or removed from the parking lot or parking
area of any store, shop or shopping center without the express approval
of the owner of the shop, store or center providing such carts or
wagons for public use and convenience in shopping in such stores,
shops and shopping centers.
Every person who owns or, makes available to the public in connection
with the conduct of business and trade any shopping cart and/or wagon
shall mark or cause the same to be marked and identified conspicuously
with the name and address of the owner. Such identification shall
be in the form of a metal tag securely fastened to the cart or a cutting
or stamping on the frame of the cart.
[Amended 7-6-1983 by L.L. No. 7-1983]
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
Whenever a member of the Police Department, Road and Sanitation
Department, Water Department or other municipal authority shall take
possession of any property left upon any street, sidewalk, parking
field, public park or public place or upon the property of another
without the consent of the owner of such property in violation of
this chapter, and such property contains identification of ownership,
a notice shall be sent by ordinary mail to such person purported to
be the owner advising that such property is held by the Village Clerk
and advising the amount necessary to redeem.
Any shopping cart, cart or wagon may be redeemed by the owner
thereof at any time prior to the sale, dismantling, destruction or
disposal thereof and he shall be entitled to receive such property
upon tendering the sum of $5 for each to the Village Clerk. In addition,
the persons seeking to redeem shall be required to pay the cost of
advertising the sale thereof, if any. No property shall be delivered
to a person seeking to redeem the same unless proof establishing to
the satisfaction of the Village Clerk such person's ownership
is submitted. Any delivery to a person apparently entitled thereto
shall be a good defense to the Village against any other person claiming
to be entitled thereto, but if the person to whom delivery is made
is in fact not entitled thereto, the person to whom the same ought
to have been delivered may recover the same, with interest and costs,
from the person to whom the same shall have been delivered.
Where any such property remains in the custody of the Village
Clerk for a period of 15 days after removal and with respect that
no person has presented to the Village Clerk proof establishing to
his satisfaction such person's ownership, the Village Clerk shall
give public notice in the official newspaper of the Village, advising
that, at a specified place and time not less than five days after
such notice is published, such property will be sold at public auction
for the best price that can be obtained. A general notice published
once in the official newspaper of the Village of Greenwood Lake shall
be deemed adequate notice. Such sale shall be conducted by the Village
Clerk or by an auctioneer designated by him.
In the event that the property shall remain unsold at public
auction, the Village Clerk may reoffer said property for sale at a
subsequent public auction held pursuant to this chapter or he may
dismantle, destroy or otherwise dispose of this property. Any such
sale or other disposition of such property pursuant to this chapter
shall be without liability on the part of the Village to the owner
of such property or other person lawfully entitled thereto or having
an interest therein.
Immediately after the property is redeemed, the Village Clerk
shall pay over to the Treasurer of the Village the amount received
for redemption, costs and expenses of the article redeemed, together
with an itemized statement thereof. Immediately after a sale or other
disposition of such property, the Village Clerk shall pay to the Treasurer
the proceeds of sale or other disposition of such property with an
itemized statement of the article sold, the price received and the
costs and expenses of the sale, and the Treasurer shall retain so
much of the proceeds as equals the costs and expenses of such sale,
plus $5 for such article sold to cover the cost of removing and storing
the property; the remainder of the moneys realized from such sale
or other disposition shall be paid without interest to the lawful
owner thereof as determined by the identification, if any, on the
property so sold or otherwise disposed of. Where the lawful owner
cannot be identified, the proceeds shall be deposited to the general
fund of the Village.
The provisions of this chapter shall not apply to any property
which may come into the possession or custody of the Police Department
pursuant to any other ordinance, law or regulation.
